Arkansas 2025 Regular Session

Arkansas Senate Bill SB212 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	SSS083 02/06/2025 9:14:33 AM SSS083
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 212 3
6	6	4
7	7	By: Senator K. Hammer 5
8	8	By: Representative Underwood 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE DOCUMENT VALIDITY DIVISION; TO 9
12	12	DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 10
13	13	11
14	14	12
15	15	Subtitle 13
16	16	TO CREATE THE DOCUMENT VALIDITY 14
17	17	DIVISION; AND TO DECLARE AN EMERGENCY. 15
18	18	16
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
20	20	18
21	21	SECTION 1. Arkansas Code Title 7, Chapter 4, is amended to add an 19
22	22	additional subchapter to read as follows: 20
23	23	21
24	24	Subchapter 4 — Document Validity Division 22
25	25	23
26	26	7-4-401. Document Validity Division. 24
27	27	(a) There is created within the office of the Secretary of State the 25
28	28	Document Validity Division. 26
29	29	(b) The Secretary of State may designate members of his or her staff 27
30	30	as record validity investigators, who shall investigate documents and 28
31	31	activities related to the validity and truthfulness of records submitted to 29
32	32	the office of the Secretary of State under Arkansas Code, Title 7, Chapters 5 30
33	33	or 9. 31
34	34	(c) The Document Validity Division shall be a law enforcement agency 32
35	35	of the office of the Secretary of State appointed by the Secretary of State 33
36	36	from his or her employees to investigate the validity of documents filed with 34
37	37	the Secretary of State under Arkansas Code, Title 7, Chapters 5 or 9. 35
38	38	36 SB212
39	39
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41	41	7-4-402. Investigations. 1
42	42	(a) The Secretary of State or a document validity investigator may 2
43	43	conduct an investigation within or outside this state to determine whether a 3
44	44	document submitted to the Secretary of State under Arkansas Code, Title 7, 4
45	45	Chapters 5 or 9, is false or fraudulent. 5
46	46	(b) An investigation under this subchapter may include without 6
47	47	limitation: 7
48	48	(1) Administering oaths; 8
49	49	(2) Issuing subpoenas; 9
50	50	(3) Compelling witness attendance; 10
51	51	(4) Collecting evidence; and 11
52	52	(5) Requiring the production of any books, papers, 12
53	53	correspondence, memorandum, agreements, or other documents or records that 13
54	54	are relevant or material to the inquiry. 14
55	55	(c)(1) If an individual refuses to comply with a subpoena request 15
56	56	under subsection (a) of this section, the Secretary of State may request an 16
57	57	order from the Pulaski County Circuit Court, or the Supreme Court of Arkansas 17
58	58	if the request is related to initiative petitions or referendum petitions, 18
59	59	and the circuit court, or the Supreme Court of Arkansas if the request is 19
60	60	related to initiative petitions or referendum petitions, shall order the 20
61	61	individual to appear before the Document Validity Division or the officer 21
62	62	designated by the division to produce evidence or testify concerning the 22
63	63	matter under investigation. 23
64	64	(2) Failure to obey the order may be punished as contempt of 24
65	65	court. 25
66	66	(d)(1) An individual is not excused from a subpoena request under 26
67	67	subsection (b) of this section on the grounds that the testimony or evidence, 27
68	68	documentary or otherwise, required of the individual may tend to incriminate 28
69	69	the individual or subject him or her to a penalty or forfeiture. 29
70	70	(2) An individual that has claimed his or her privilege against 30
71	71	self-incrimination shall not be prosecuted or subjected to a penalty or 31
72	72	forfeiture for or on account of any transaction, matter, or thing concerning 32
73	73	which he or she is compelled, to testify or produce evidence, documentary or 33
74	74	otherwise. 34
75	75	(3) An individual exempt from prosecution under subdivision 35
76	76	(d)(2) of this section except is not exempt from prosecution and punishment 36 SB212
77	77
78	78	3 02/06/2025 9:14:33 AM SSS083
79	79	for perjury or contempt committed in testifying. 1
80	80	(e) A document determined by the division to contain fraud or falsity 2
81	81	by a preponderance of the evidence shall be declared null and void for any 3
82	82	legal purpose overseen by the Secretary of State. 4
83	83	(f) The division may refer any findings of fraud or falsity under this 5
84	84	subchapter to the: 6
85	85	(1) Attorney General for civil action; 7
86	86	(2) Prosecuting attorney for criminal action; or 8
87	87	(3) Any other state agency with appropriate jurisdiction. 9
88	88	10
89	89	SECTION 2. DO NOT CODIFY. SEVERABILITY. The provisions of this act 11
90	90	are declared to be severable and the invalidity of any provision of this act 12
91	91	shall not affect other provisions of the act which can be given effect 13
92	92	without the invalid provision. 14
93	93	15
94	94	SECTION 3. DO NOT CODIFY. EMERGENCY CLAUSE. It is found and 16
95	95	determined by the General Assembly of the State of Arkansas that the process 17
96	96	for citizens to propose initiated acts and amendments to the Arkansas 18
97	97	Constitution is critical to a well -functioning democracy in this state; that 19
98	98	it is of the utmost importance that the integrity of the initiative process 20
99	99	be strengthened through this act so that petitioners and voters maintain a 21
100	100	high degree of confidence in the soundness of their right to legislate as 22
101	101	citizens of Arkansas; and that this act is immediately necessary because any 23
102	102	delay in the implementation of this act would disrupt the initiative process 24
103	103	for the 2026 general election, which would have a detrimental effect on the 25
104	104	public peace, health, and safety of Arkansas. Therefore, an emergency is 26
105	105	declared to exist, and this act being immediately necessary for the 27
106	106	preservation of the public peace, health, and safety shall become effective 28
107	107	on: 29
108	108	(1) The date of its approval by the Governor; 30
109	109	(2) If the bill is neither approved nor vetoed by the Governor, 31
110	110	the expiration of the period of time during which the Governor may veto the 32
111	111	bill; or 33
112	112	(3) If the bill is vetoed by the Governor and the veto is 34
113	113	overridden, the date the last house overrides the veto. 35
114	114	36